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An Overview of Worlds A and B

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0001
Subject:
Law, Company and Commercial Law

This book examines standardized form contracts, also known as boilerplate. In the past, “contract” was interpreted as a bargained-for exchange transaction between two parties who each consent to the ... More


Information, Finance, and Markets: The Architecture of Allocative Mechanisms 1

B. Greenwald and J. E. Stiglitz

in Understanding Industrial and Corporate Change

Published in print:
2004
Published Online:
September 2007
ISBN:
9780199269426
eISBN:
9780191710179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269426.003.0006
Subject:
Business and Management, Organization Studies

This chapter provides a formal model for incorporating finance within the theory of the firm and for a more nuanced reading of the evolution of capitalistic economies. Financial markets emerged as ... More


Contract Law

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0008
Subject:
Law, Philosophy of Law

This chapter presents an overview of the behavioral analysis of contract law. It first presents a behavioral theory of contracts that highlights the role of values such as promise-keeping and trust, ... More


Suretyship

C. F. Forsyth

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0014
Subject:
Law, Legal History

This chapter discusses the development of the law of suretyship. It identifies legislative and judicial changes in the law of suretyship and changes in the operation of the law. It argues that the ... More


The Death of Consent?

Peter A Alces

in Comparative Contract Law: British and American Perspectives

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198728733
eISBN:
9780191795480
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728733.003.0003
Subject:
Law, Comparative Law, Law of Obligations

This chapter questions the usefulness of contract law’s core structural element—the consensual nature of contractual obligation. It examines the seminal US Supreme Court case of Carnival Cruise v ... More


Consumer Contracts

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0009
Subject:
Law, Philosophy of Law

This chapter presents an overview of the behavioral analysis of the law of consumer contracts. The chapter reviews various marketing techniques that build upon consumers’ bounded rationality, ... More


Form Contracts

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0037
Subject:
Law, Company and Commercial Law

Chapter 37 concerns form contracts. That term refers to a writing that is in the form of a contract (hence the name), some of whose terms were negotiated or at least discussed by the parties, but ... More


Contract: Some Later Developments

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0020
Subject:
Law, Legal History

This chapter explores some lines of development in contract law after 1600. First there were questions flowing from the decision in Slade’s Case – the pleading formulae known as the ‘common counts’ ... More


Conclusions

Giuseppe Pezzini

in Terence and the Verb ‘To Be’ in Latin

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198736240
eISBN:
9780191799907
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736240.003.0006
Subject:
Classical Studies, Literary Studies: Classical, Early, and Medieval

The aim of this final chapter is to review some of the findings of the book and discuss one of its main themes, the cliticization of the verb esse. The chapter argues that in Latin the verb esse was ... More


Consumer Behavior

Eyal Zamir

in Law, Psychology, and Morality: The Role of Loss Aversion

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199972050
eISBN:
9780190215064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199972050.003.0002
Subject:
Law, Philosophy of Law

This chapter focuses on the exploitation of consumers’ loss aversion by suppliers. One example is the effect of different framings of price and other attributes on consumer decisions (for example, ... More


Know Before You Owe

Richard Cordray

in Watchdog: How Protecting Consumers Can Save Our Families, Our Economy, and Our Democracy

Published in print:
2020
Published Online:
May 2020
ISBN:
9780197502990
eISBN:
9780197508251
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197502990.003.0009
Subject:
Political Science, American Politics, Political Economy

Consumer finance contracts, thick with intricate information about the product or service, make it nearly impossible for people to understand the deal, let alone make sensible comparisons between ... More


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